Midlothian Iron Mining Co. v. Belknap
Wisconsin Supreme Court
Appeals from judgments of the circuit court for Bayfield county: John K. Parish, Circuit Judge. Two actions to recover the value of certain timber cut by defendants upon lands owned by the plaintiffs. The defendants justified under tax deeds. In the Midlothian Gase-the land involved was S. % N. E. \ and S. E. 16 — 41—5 W. In the Cumberlmd Gase the land was described as N. 1¿ N. E. -J, of the same section.
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Appeals from judgments of the circuit court for Bayfield county: John K. Parish, Circuit Judge. Two actions to recover the value of certain timber cut by defendants upon lands owned by the plaintiffs. The defendants justified under tax deeds. In the Midlothian Gase-the land involved was S. % N. E. \ and S. E. 16 — 41—5 W. In the Cumberlmd Gase the land was described as N. 1¿ N. E. -J, of the same section. In the first case the court, found the plaintiff was the owner of the land described; that during the logging season of 1896-97, the defendants cut and removed therefrom 1,181,216 feet of…
1Opinion of the CourtBabdeen, J.
Two questions are presented for consideration: (1) Was the plaintiffs’ occupation of the land sufficient to disengage the running of the bar of the statute in favor of the tax deed claimants ? (2) Are the findings in regard to the value and amount of timber taken supported by the evidence ?
1. At the time the tax deeds under which the defendants claim were recorded the lands were vacant and unoccupied. The plaintiffs held the original title. The lands were supposed to be what are called “ iron lands.” Early in 1887 *200the two corporations, acting jointly, employed a force of men to enter upon and…
2Cases cited6 opinions
- Smith v. SherryWisconsin Supreme Court · 1882
- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Lewis v. DisherWisconsin Supreme Court · 1873
- Haseltine v. MosherWisconsin Supreme Court · 1881
- Finn v. Wisconsin River Land Co.Wisconsin Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Kathan v. ComstockWisconsin Supreme Court · 1909
- Perszyk v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1934
- Flanders v. Washburn Land Co.Wisconsin Supreme Court · 1909
- Land & Loan Co. v. KeslerWisconsin Supreme Court · 1912